http://www.iht.com/articles/2007/11/15/europe/france.php

 


French council approves DNA testing for immigrants 
By Doreen Carvajal

Thursday, November 15, 2007 

PARIS: A special session of the Constitutional Council that included two former 
presidents approved immigration legislation Thursday that has provoked an angry 
debate about using DNA testing for some foreigners who hope to join relatives 
in France.

The council accepted a law backed by the government of President Nicolas 
Sarkozy with some reservations, warning that the authorities should not resort 
to DNA testing for all immigrants.

The council rejected another provision of the law that would have allowed 
statistics to be collected on the ethnic origins of citizens, ruling that it 
was unconstitutional. But it accepted DNA testing, the council said, because 
the legislation stipulates that it must be conducted on a voluntary basis.

That decision was a widely awaited opinion that brought together two former 
presidents, Jacques Chirac and Valéry Giscard d'Estaing, within France's 
highest legal authority for the first time in almost 50 years. The ruling 
followed an appeal by the Socialist Party, which argued that the testing would 
be a dangerous precedent because it would base immigration on genetics and 
would violate privacy and family rights.

Sarkozy's government was intensely criticized by the opposition and by some 
within his own party, with opponents comparing DNA testing to the anti-Jewish 
discrimination practiced by the Vichy government of World War II. Such testing 
is already used in at least 12 European countries, Australia, Canada, South 
Korea and the United States.

"More and more countries are turning to DNA testing as a tool to establish 
biological links," said Jacqueline Weekers, a health-policy adviser at the 
International Organization for Migration in Geneva. "I wouldn't dare to say to 
establish family lines. That's the whole issue with DNA. What is a family? And 
what is not a family? A family can be several people connected because of 
social and other links."

French legislators watered down the proposal, making the government pay for the 
procedure and restricting it to verify ties between mothers and children who 
agree to be tested. The law - which will be introduced for an 18-month trial 
period - is weaker than rules in countries that leave it to immigrants to pay 
for a test that can cost ?2,000.

The International Organization for Migration advises governments about testing 
procedures, among other things. In the first half of 2006 it collected more 
than 1,600 samples of blood or inner-cheek cells from immigrants in more than a 
dozen countries who were seeking to live in Australia, Italy, the United 
Kingdom and the United States.

The organization then sends the samples to accredited laboratories - which have 
developed into a growing industry around the world to serve immigrants. The 
organization says requests are increasing as various national authorities 
expand DNA testing to establish family relationships. Some immigrants request 
the testing themselves to speed up the application process.

"Testing is one technical tool that can be abused and used properly," said 
Florian Forster, the head of the International Organization for Migration 
office in Paris. "The positive side of it is for people who can by no other 
means establish that they are related. If you're not genetically related to 
someone else, it doesn't mean that you're not part of the family. That is 
something that needs to be underlined."

The Constitutional Council appeared to anticipate potential abuses by insisting 
that consular officials also use other proofs of identity, using testing as a 
last resort. The law also requires court approval for testing, which the 
migration group has urged in general to insure that the tests are used fairly.

In Switzerland, where DNA tests have been used since 2004, the government uses 
genetic samples when it has doubts about the authenticity of identity 
documents. The foreigners who are tested tend to be from more than 30 countries 
- most of them African, most of them poor - where the Swiss have raised doubts 
about their documents. Immigrants from Iraq and Somalia are also more likely to 
be asked for testing.


 

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